Justice in Robes

Justice in Robes

by Ronald Dworkin
ISBN-10:
0674027272
ISBN-13:
9780674027275
Pub. Date:
04/30/2008
Publisher:
Harvard University Press
ISBN-10:
0674027272
ISBN-13:
9780674027275
Pub. Date:
04/30/2008
Publisher:
Harvard University Press
Justice in Robes

Justice in Robes

by Ronald Dworkin

Paperback

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Overview

How should a judge’s moral convictions bear on his judgments about what the law is? Lawyers, sociologists, philosophers, politicians, and judges all have answers to that question: these range from “nothing” to “everything.” In Justice in Robes, Ronald Dworkin argues that the question is much more complex than it has often been taken to be and charts a variety of dimensions—semantic, jurisprudential, and doctrinal—in which law and morals are undoubtedly interwoven. He restates and summarizes his own widely discussed account of these connections, which emphasizes the sovereign importance of moral principle in legal and constitutional interpretation, and then reviews and criticizes the most influential rival theories to his own. He argues that pragmatism is empty as a theory of law, that value pluralism misunderstands the nature of moral concepts, that constitutional originalism reflects an impoverished view of the role of a constitution in a democratic society, and that contemporary legal positivism is based on a mistaken semantic theory and an erroneous account of the nature of authority. In the course of that critical study he discusses the work of many of the most influential lawyers and philosophers of the era, including Isaiah Berlin, Richard Posner, Cass Sunstein, Antonin Scalia, and Joseph Raz. Dworkin’s new collection of essays and original chapters is a model of lucid, logical, and impassioned reasoning that will advance the crucially important debate about the roles of justice in law.

Product Details

ISBN-13: 9780674027275
Publisher: Harvard University Press
Publication date: 04/30/2008
Pages: 320
Product dimensions: 6.00(w) x 9.20(h) x 0.90(d)

About the Author

Ronald Dworkin was Frank Henry Sommer Professor of Law and Philosophy at New York University.

Table of Contents

  • Introduction: Law and Morals
  • 1. Pragmatism and Law
  • 2. In Praise of Theory
  • 3. Darwin’s New Bulldog
  • 4. Moral Pluralism
  • 5. Originalism and Fidelity
  • 6. Hart’s Postscript and the Point of Political Philosophy
  • 7. Thirty Years On
  • 8. The Concepts of Law
  • 9. Rawls and the Law
  • Notes
  • Sources
  • Index

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